HARICHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Matrimonial dispute that resulted into a criminal case under Sections 498-A and 406, IPC, has been ultimately settled amicably and the complainant-wife did not want to continue with the criminal case. But Section 320, Cr. P.C. came in the way and learned Additional Chief Judicial Magistrate No. 5, Kota vide order dated October 15, 2003 declined to recognise the settlement.

(2.) It is well settled that while exercising inherent powers under Section 482, Cr. P.C., it is the duty of the Court to encourage genuine settlements of matrimonial disputes. In B. S. Joshi v. State of Haryana, (2003) 4 SCC 675 : (2003 Cri LJ 2028), their Lordships of Supreme Court indicated thus :

(3.) I am satisfied that parties, in the instant matter, have genuinely settled their matrimonial dispute and intervention under Section 482, Cr. P.C. in the interest of justice appears necessary.